Madras High Court
John Vivek @ Mani vs The Ii Class Executive Magistrate ... on 22 February, 2022
Crl.R.C.(MD) No.162 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C.(MD)No.162 of 2022
and
Crl.M.P(MD) No.2667 of 2022
John Vivek @ Mani ... Petitioner/
Petitioner
Vs.
State rep by
1. The II Class Executive Magistrate cum Tahsildar
Dindigul West
Dindigul
2. The Sub-Inspector of Police
Dindigul City South Police Station
Dindigul ...Respondents/
Respondents
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for the records and set aside the order passed by
the 1st respondent in Na.Ka.No.7576/2022/A5 dated 05.02.2022 and allow this
Criminal Revision Petition.
1/5
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.162 of 2022
For Petitioner : M/s. Imran Khan J
For Respondent : Mr.R.M.Anbunithi
No.1 & 2 Additional Public Prosecutor
ORDER
This petition has been filed to call for the records and set aside the order
passed by the 1st respondent in Na.Ka.No.7576/2022/A5 dated 05.02.2022 and
allow this Criminal Revision Petition.
2. The petitioner executed a bond in LIR No.119 of 2021 under Section
110( e) of Cr.P.C before the first respondent for a period of six months namely,
05.10.2021 to 04.04.2022. While pending bond period, the petitioner committed
an offence and a case came to be registered in Crime No.22 of 2022 for the
offence under Sections 387 and 506(ii) of IPC on 02.02.2022. In that regard, he
was arrested and remanded to judicial custody on 03.02.2022 and the same was
reported before the first respondent by the second respondent and he was
produced before the first respondent on 03.02.2022. On 05.02.2022, the
impugned order has been passed without giving any show-cause notice and
without even affording an opportunity of hearing to the petitioner and also not
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.162 of 2022
given any opportunity of cross examining the witnesess. It amounts to clear
violation of principles of natural justice.
3. Since this Court has repeatedly held that the petitioner should be given
opportunity of hearing, issue show-cause notice, and opportunity to cross
examine the witnesses and that the first respondent did not even follow the
procedure as contemplated under the code of criminal procedure and without
application of mind, had passed the impugned order.
4. In view of the above, the order passed by the 1st respondent in
Na.Ka.No.7576/2022/A5 dated 05.02.2022 is hereby set aside and the revision
stands allowed. The petitioner is directed to set at liberty forthwith, if his
presence is not required in any other case. Consequently connected
miscellaneous petition is also closed.
22.02.2022
Index : Yes/No
Internet : Yes/No
aav
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.162 of 2022
To:-
1. The II Class Executive Magistrate cum Tahsildar
Dindigul West
Dindigul
2. The Superintendent
Sub Jail, Vedasanthur, Dindigul District
3. The Sub-Inspector of Police
Dindigul City South Police Station
Dindigul
4..The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.162 of 2022
G.K.ILANTHIRAIYAN.J,
aav
JUDGMENT MADE IN
Crl.R.C.(MD)No.162 of 2022
22.02.2022
https://www.mhc.tn.gov.in/judis
